At the Lectern

JULY 6, 2023

Responding to questions asked by the Ninth Circuit about California law, the court’s unanimous opinion by Justice Carol Corrigan precludes an action alleging a construction worker’s wife contracted COVID from her husband due to his employer’s failure to abide by government health orders at the beginning of the pandemic.

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Cause of Action Tort Court Construction 45

JURIST

MARCH 5, 2021

There is nothing in the statement which we find so offensive as to give a cause of action for a Court to initiate proceedings. It also reprimanded the petitioners for filing a case when they have no relation to the subject matter and imposed costs of Rs. 50,000 ($684) to “discourage such endeavours.”

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Court Cause of Action Depositions Government 151

SCOTUSBlog

JANUARY 8, 2024

Singh , in which the court will consider what kind of notice the government must provide before a noncitizen can be deported for not appearing in court. 1229(a) , the government must provide a “notice to appear” in all removal proceedings. Under 8 U.S.C. Tori Madden) The question before the justices on Jan. Yonas Fikre, a U.S.

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Government Statute Court Cause of Action 87

SCOTUSBlog

JUNE 28, 2024

Share The court ruled on Thursday that the Securities and Exchange Commission’s routine practice of imposing fines in its administrative proceedings, used to penalize securities fraud, violates the Seventh Amendment “right of trial by jury” in all “suits at common law.”

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Government Immigration Cause of Action Litigating 140

Conflict of Laws

MARCH 30, 2024

Written by Tarasha Gupta, student, Jindal Global Law School, Sonipat (India) and Saloni Khanderia, Professor, Jindal Global Law School In its recent judgment in Shiju Jacob Varghese v. The Indian Supreme Court in Modi Entertainment v. There are no fixed criteria in considering whether to invoke the doctrine.

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Litigating Litigation Cause of Action Court 75

Patently O

JULY 26, 2021

General rights of privacy allow a person to keep secret information without intrusion by the government or by wrongful acts by third parties. Trade secrecy rights are an extension of these general privacy and began as common law. In 2016, the U.S.

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Cause of Action Government Laws 99

ClimateChange-ClimateLaw

FEBRUARY 12, 2024

Even as successful cases against governments have blossomed, private suits face significant barriers. A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra , decided by New Zealand’s Supreme Court this week, we have perhaps the biggest common law breakthrough.

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Patently O

MARCH 16, 2024

This recent decision from the Supreme Court case grapples with the issue of when a public official’s social media activity constitutes state action for purposes of a First Amendment claim under 42 U.S.C. I’ve been following the case as part of my work on internet and media law issues. ” 42 U.S.C. Edmondson Oil Co.,

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Government Court Statute Cause of Action 64

ClimateChange-ClimateLaw

JUNE 11, 2024

These ordinances were adopted despite a state law that prohibits local governments from placing restrictions on wind or solar facilities unless those restrictions: (a) protect health or safety; (b) do not significantly increase the cost or decrease efficiency; or (c) allow for an alternative system of comparable cost and efficiency.

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Cause of Action Government Legal Legal 111

SCOTUSBlog

APRIL 28, 2022

Share The Supreme Court on Thursday ruled 6-3 against a plaintiff seeking emotional distress damages for alleged violations of certain federal anti-discrimination laws. With spending clause legislation, the federal government provides funds in exchange for the funding recipient’s adherence to various conditions.

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Court Rules Contract Court Statute 98

SCOTUSBlog

JUNE 28, 2024

Share In a major ruling, the Supreme Court on Friday cut back sharply on the power of federal agencies to interpret the laws they administer and ruled that courts should rely on their own interpretion of ambiguous laws. The question, as she framed it, is “[w]ho decides which of the possible readings” of those laws should prevail?

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Court Statute Cause of Action Legal 145

The IP Law Blog

MARCH 14, 2024

The OpenAI defendants moved to dismiss all causes of action alleged by the author plaintiffs with the exception of the first cause of action for direct copyright infringement. (It It is unclear from the Court’s Order as to why the OpenAI defendants did not also move to dismiss this cause of action.)

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Cause of Action Court Laws Legal 112

SCOTUSBlog

JANUARY 16, 2022

Unbeknownst to the Cassirer family or the German government, the Pissarro was not lost. In 1992, he worked with the Spanish government to establish the Thyssen-Bornemisza Collection, a museum in Madrid. That question turned on whether California law or Spanish law governed. The full painting. 1605(a)(3) ).

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Tort Court Laws Litigating 127

LawSites

FEBRUARY 22, 2023

The law firm Akin Gump Strauss Hauer & Feld has lost its bid to dismiss four of five counterclaims filed by the legal technology company Xcential Legislative Technologies in a lawsuit over ownership rights to legislation-drafting software that each side says was its idea.

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Drafting Legal Legal Contract 98

FDA Law Blog

JULY 8, 2024

The court ruled that the Securities and Exchange Commission (SEC) may not impose fines to penalize securities in its administrative proceedings because that practice violates the Seventh Amendment “right of trial by jury” in all “suits at common law.” According to the dissent, where the government is the claimant, it concerns a public right.

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Court Rules Cause of Action Court Statute 59

SCOTUSBlog

NOVEMBER 11, 2022

This case presents whether a resident deprived of those rights can sue a publicly owned and operated nursing home under Section 1983, which provides a cause of action against government actors who deprive anyone of rights secured by the “laws” of the United States, meaning other federal statutes, including spending clause enactments.

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Court Statute Cause of Action Contract 88

At the Lectern

JULY 28, 2022

At the Supreme Court’s conference yesterday, after which Chief Justice Tani Cantil-Sakauye announced her retirement, actions of note included: Government immunity. Superior Court and limited the issue to: “Is Santa Clara County immune under the Government Claims Act (Gov. Code, § 810 et seq.)

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SCOTUSBlog

JUNE 8, 2023

. § 1983 and allowing private damages actions to enforce the Federal Nursing Home Reform Act of 1987. FNHRA, a law enacted under Congress’s spending clause powers, requires nursing facilities participating in Medicare and Medicaid to “protect and promote the rights of each resident” as a condition of receiving funds.

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Statute Court Contract Tort 99

The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. To govern certain disputes after the expiration of the Covenant Term, the MCA further stated: [T]he Parties agree that all Potential Actions arising under U.S. Patent and Trademark Office ….

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Contract Litigating Litigation Cause of Action 98

JonathanTurley

NOVEMBER 23, 2021

That is the complaint by two law students (identified only as John Doe and Jane Doe) who allege that they were blackballed for supporting Professor Amy Chua, who was previously discussed as embroiled in a controversy at the school after she defended Justice Brett Kavanaugh. became the subject of pernicious law school gossip.

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Cause of Action Laws Law School Tort 37

ClimateChange-ClimateLaw

FEBRUARY 23, 2022

Starting in 2017, cities, counties, and states across the United States have filed claims (see here and here ) in state courts against fossil fuel companies seeking redress for the climate harms their products have caused. Many of these cases asserted nuisance and other tort law claims. Chevron Corp.

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Court Tort Cause of Action Litigating 85

Strictly Business

OCTOBER 30, 2017

It’s hard to imagine a startup that does not collect some form of sensitive information in digital form, and the collection, use, and disclosure of such information is regulated under federal, state, and even international laws. Federal Laws Governing Data Privacy.

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Laws Government Litigating Litigation 52

Constitutional Law Reporter

FEBRUARY 28, 2024

1681n and 1681oauthorize suits for damages against “any person” who violates the FCRA, and §1681a expressly defines “person” to include “any” government agency. The second is when a statute creates a cause of action and explicitly authorizes suit against a government on that claim. government. government.

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Court Rules Court Cause of Action Statute 52

LexForti

JUNE 4, 2021

It would be imperative to take into cognizance the concept of jurisdiction which is a conglomeration of two terms, such as juris (meaning “law”) and diction (meaning “to speak”), which can be translated as presuming the appropriate forum that has the potential to “speak the law.”

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Cause of Action Court Entertainment Constitutional Law 52

SCOTUSBlog

NOVEMBER 7, 2022

Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. 1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power. a municipal entity.

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Stare Decisis Statute Court Contract 88

NewmanFerraraLLP

MARCH 24, 2023

TOWN LAW DIDN’T PERMIT A LATE FILING After a construction company wasn’t paid for highway repair work it performed for the T own of Pendleton , a lawsuit was filed alleging “breach of contract, unjust enrichment and quantum meruit.” ” And unlike other comparable laws, this statute did not permit a late filing.

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Cause of Action Construction Statute Contract 52

LettersBlogatory

AUGUST 23, 2021

They argued that they had a right of action under 28 U.S.C. 1605(a)(3), which creates an exception to foreign sovereign immunity when the case concerns “rights in property taken in violation of international law.” ” France has an administrative claims process for victims of the Nazis and the Vichy government.

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Cause of Action Statute Tort Court 52

SCOTUSBlog

APRIL 19, 2022

Even if they cannot recite the lyrics to the national anthem or the Pledge of Allegiance, they likely can recite Miranda ’s warnings: You have the right to remain silent; Anything you say can and will be used against you in a court of law; You have the right to a lawyer; If you cannot afford a lawyer, one will be appointed for you.

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Court Government Lawyer Lawyers 103

Patently O

FEBRUARY 17, 2023

The following guest post comes from Berkeley Law Professor Peter S. Professor Elizabeth Rowe litigated trade secrets cases before entering academia, where she has published numerous trade secret articles and co-authored the first trade secret law casebook. The following is an introduction and request for comments. – D.C.

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Case Management Litigating Litigation Cause of Action 105

Constitutional Law Reporter

AUGUST 28, 2023

Supreme Court upheld the constitutionality of state laws requiring corporations operating within their borders to consent to personal jurisdiction when they register to do business in those states. According to the Court, such laws do not offend the Constitution’s Due Process Clause. Norfolk Southern Railway Co. , of Philadelphia v.

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Court Laws Cause of Action Constitutional Law 52

Patently O

JANUARY 4, 2024

Hsuanyeh Law Group v. 2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. In American Institute of Physics v.

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Law Firm Law Firms Attorney Legal Research 124

SCOTUSBlog

APRIL 20, 2023

Court of Appeals for the 5th Circuit that Rodney Reed had filed his challenge to the Texas law governing DNA testing too late. Normally, Kavanaugh explained, that occurs when a plaintiff has a “complete and present cause of action” – that is, when the plaintiff can actually file a lawsuit and obtain relief.

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Court Statute Cause of Action Government 90

Day on Torts

DECEMBER 30, 2020

Based on the reasoning of Mills , the Court concluded that the plaintiff in this case was sufficiently on notice of her cause of action on the date of the accident to begin the limitations period. internal citation omitted).

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Cause of Action Statute Tort Court 64

Patently O

MAY 17, 2021

In particular, the Federal Circuit found (1) sufficient minimum contacts with the state of California related to the cause of action and (2) that exercise of jurisdiction by a California court would be reasonable. = = =. Personal Jurisdiction as Patent Law Specific but Not Patent Law Specific. Luker , 45 F.3d

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Litigating Litigation Cause of Action Court 110

JonathanTurley

JULY 23, 2021

Government boycotts run against the grain of such principles but many are calling for barring sales of the ice cream after it announced it will no longer sell ice cream in “Occupied Palestinian Territory.” Indeed, some of these laws do not seem to support an actual boycott as opposed to a divestment in “listed companies.”

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Cause of Action Government Manufacturing Laws 50

SCOTUSBlog

APRIL 25, 2022

Calling the 9th Circuit’s decision an extension of Miranda into Section 1983 litigation, Martinez characterized the court’s landmark decision as a judicially crafted prophylactic Fifth Amendment “protective fence” that does not create a Section 1983 cause of action for money damages. Thomas asked, “what does that mean?,”

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Cause of Action Court Litigating Litigation 127

ClimateChange-ClimateLaw

DECEMBER 2, 2022

Moreover, the case in Puerto Rico comes after recent litigation successes in Europe and elsewhere around the world, with courts holding governments and companies accountable for climate harms. Many of those cases include similar arguments that the companies knowingly marketed harmful products and misled the public about those harms.

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Litigating Litigation Cause of Action Punitive Damages 75